Wyoming Temporary Guardianship for a Minor
When a notarized parental letter is not enough — because the parent cannot sign, a provider keeps refusing your paperwork, or you need court-appointed authority over a child's education or health care — Wyoming has a specific court procedure that stops short of full guardianship.
Temporary guardianship under W.S. §§ 3-2-301 through 3-2-303 is designed for exactly this situation: a relative caregiver who needs formal authority over a child's education, medical care, and dental care without severing the parent's rights.
What This Order Covers
A temporary guardianship order under §§ 3-2-301–303 is limited to three specific domains:
- Educational decisions — enrollment, course selection, IEP participation, field trips, school activities
- Medical care — routine checkups, vaccinations, prescriptions, specialist referrals, emergency treatment
- Dental care — cleanings, fillings, orthodontic consultations, dental emergencies
The order does not grant full legal custody, control over the child's estate, or the authority to consent to marriage or adoption. Parental rights remain intact — the parent can still visit, communicate, and eventually resume care.
Who Can File
The caregiver must be at least 18, have primary physical custody of the child, and be the child's stepparent, grandparent, great-grandparent, sibling, stepsibling, half sibling, uncle, or aunt. The statute excludes a natural parent or legal guardian from the caregiver definition.
The Filing Process
Step 1: Determine the correct court. File in the district court of the county where the child currently resides. If a prior custody order involving this child exists in any Wyoming county, you must file in that same county to avoid conflicting judicial decrees — this venue rule catches many people off guard.
Step 2: Prepare the petition. The petition must be verified by affidavit and include the information listed in W.S. § 3-2-302, including the reasons for the request, facts showing that the appointment is in the child's best interests, and attempts to contact the parents. The Wyoming Judicial Branch lists GMCP-4 / Packet 14 for general minor-guardianship petitions; this limited temporary-guardianship procedure has separate example forms and instructions.
Step 3: Pay the filing fee. The district court civil filing fee is $160. If you cannot afford it, file an Affidavit of Indigency before the petition to request a waiver; the court either grants or denies the request.
Step 4: Notice or ex parte order. The court may issue an ex parte order without advance notice only if it finds by a preponderance of the evidence that the appointment is in the child's best interests, is not detrimental to another person's interests, and no other person appears to have authority and willingness to act. The court then serves the parents with the order and notice of their right to request a full hearing. An ex parte order is limited to not more than one year unless the court finds good cause to extend.
Step 5: Receive the order. Once the judge signs the order, it appoints you to make educational, medical-care, and dental-care decisions within its scope. Bring certified copies to the school registrar, the pediatrician, the dentist, and anyone else who needs to see it.
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How Long It Lasts
An ex parte temporary guardianship order is limited to not more than one year unless the court finds good cause. You can petition for renewal before it expires. If your situation stabilizes or the parent resumes care, either party can file a motion to terminate the order.
If you need authority beyond education and healthcare — such as housing decisions, travel consent, or financial management — you would need to pursue full guardianship under Title 3, Chapter 2, Article 1.
Temporary Guardianship vs. Full Guardianship
| Temporary (§§ 3-2-301–303) | Full (Title 3, Ch. 2) | |
|---|---|---|
| Scope | Education, medical, dental only | Full legal and physical custody |
| Duration | Up to 1 year (renewable) | Until child turns 18, adoption, or court termination |
| Parental rights | Intact | Intact (but substantially limited) |
| Filing fee | $160 (waiver available) | $160 (waiver available) |
| Process | Verified petition, possible ex parte | Petition, service on parents, hearing |
For many kinship caregivers, the temporary order is the right fit — it gives you the authority you need for school and the doctor without the complexity of full guardianship proceedings.
Filing Without a Lawyer
Wyoming's Court Navigator pilot lists protection orders, eviction cases, and domestic-relations matters including divorce, custody, and support; minor guardianship is not among its listed case types. Navigators are available remotely in Albany, Carbon, Fremont, Lincoln, Natrona, and Uinta counties, and in person in Natrona County. Legal Aid of Wyoming provides guardianship services to people who qualify for its free services.
The temporary guardianship petition is manageable pro se — the self-help packets walk through each required section. The most common mistakes are filing in the wrong county and omitting the verification statement.
Preparing Your Petition
Our Wyoming School and Medical Consent Guide includes a preparation checklist for the temporary guardianship petition — the documents to gather, the information to include, the venue check, and the fee waiver process — so your filing is complete the first time.
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